Stingl: Milwaukee court commissioner tosses dad trying to fill in for son at child support hearing

Karl M. Dorfner stands with his son, Karl E. Dorfner. The father tried to make a court appearance for his son at a child support hearing this week and was ejected from the courtroom.(Photo: Jim Stingl, Milwaukee Journal Sentinel)

Karl Dorfner says he was just trying to help when he showed up in his son's place for a child support hearing.

The court didn't see it that way. Dorfner lasted all of two minutes in the hearing room before he was kicked out.

The operation of the court system is a mystery to most regular folks. I guess that's why we have lawyers. Dorfner, of West Allis, is not a lawyer. He is retired after 33 years working at A.O. Smith.

Dorfner's 43-year-old son, also named Karl Dorfner, started a good-paying job as a sprinkler fitter two weeks ago, and his father worried that missing work to attend court could jeopardize the job and the son's ability to resume making child support payments.

So father Karl offered to go to the Milwaukee County Courthouse in his place this past Monday. It wasn't about impersonating his son. He simply would explain everything going on. It would be good.

"A proxy," is the way the son puts it.

It started off smoothly enough. "We share the same first and last name so I had no problem with the sign-in process," the dad told me.

But once Dorfner appeared in front of Family Court Commissioner Jason Mishelow, it quickly became clear that he was not the one who is behind on his child support the past several years because of job losses and an injured back.

"You don't belong here," the commissioner said, according to Dorfner. A Child Support Services attorney appearing for the state told Dorfner to leave.

He tried to explain about his son's new job and how the support payments will start coming again, but no one wanted to hear it.

"Person appears claiming to be the father of respondent," a docket entry for the hearing says. "This matter is here for a review on an order to show cause for contempt for failure to pay child support. The court refuses to hear case in front of non-party."

That non-party would be the father. "I did say this is insane. I got to say that," said Dorfner, who contacted me to share what happened.

"I see no reason why I could not have been afforded the opportunity to at least explain my presence. And if that was unacceptable, I should have been given a chance to reschedule his appearance at a time that would be suitable with his employer," he told me.

I ran this line of reasoning past John Barrett, who is clerk of Circuit Court in Milwaukee County.

In replying, Barrett made it clear he wasn't talking about this case in particular.

"But if someone comes to court to represent an individual, they are practicing law without a license," he said. "The court has to be careful. They don't know who this person is. They don't know whether or not what they're saying is truthful or not."

Lawyers swear an oath to be truthful to the court.

"We'd have chaos if anyone can show up for anyone else at any time. Dad or not," Barrett said.

The commissioner set younger Karl Dorfner's next court appearance for Nov. 27.